Matter
Trademark Objection Reply
An examination report is routine — most applications get one. What is not routine is a reasoned reply filed inside the window. Miss it and the application is treated as abandoned.
This engagement covers
- Objection analysis
- Cited marks reviewed
- Reasoned reply drafted
- Evidence of use
- Hearing representation
“They set up our Private Limited in under two weeks and explained every form before we signed it. The fee never moved from the first quote.”
Requisition
SH/PROTECT/TRADEM
- Governed by
- Trade Marks Act, 1999 — sections 9 and 11
- Trigger
- Examination report on your application
- Reply window
- One month from the report, strictly applied
- Next stage
- Show-cause hearing before the registry
- If missed
- Application treated as abandoned
Overview
Best suited to. Applicants who have received an examination report, including on marks originally filed by someone else, and anyone facing a show-cause hearing.
How we price it. One fixed professional fee, agreed in writing before any work begins, with government fees and statutory charges itemised separately and payable at actuals. If the scope changes, we tell you before doing the work.
What’s included
- 01
Objection analysis
We read the report properly — absolute grounds under section 9, relative grounds under section 11, or both — and tell you what you are actually up against.
- 02
Cited marks reviewed
Every cited mark checked for status, class overlap and actual use. Some citations fall away once examined.
- 03
Reasoned reply drafted
Written as a legal argument on distinctiveness and dissimilarity, with authorities cited — not a form letter.
- 04
Evidence of use
Invoices, advertising, packaging and dated material compiled where acquired distinctiveness is the strongest argument.
- 05
Hearing representation
Appearance before the registry, with written submissions filed where directed.
Documents required
Collected once, digitally. We check the whole set before anything is filed — document problems are what turn a two-week job into a six-week one.
The application
- Examination report received from the registry
- Application number and filing details
- Copy of the mark as filed
- Any earlier correspondence with the registry
Evidence of use
- Dated invoices showing the mark in commerce
- Advertising, packaging and website screenshots with dates
- Turnover figures attributable to the mark
- Affidavit of use, where required
How it works
- Step 01
Report analysed
We identify the grounds, check the cited marks, and give you a realistic view of the position.
- Step 02
Evidence assembled
Where use is the argument, we build the dated evidence set before drafting.
- Step 03
Reply filed
A reasoned reply filed within the statutory window, with authorities where they help.
- Step 04
Hearing
We appear at the show-cause hearing and file written submissions where directed.
Questions
Q1How long do I have to reply?
One month from the date of the examination report, and the registry applies it strictly. If you are near the end of that window, tell us when you contact us.
Q2What happens if I do not reply?
The application is treated as abandoned. You lose the filing date, which matters if someone else has filed a similar mark in the meantime.
Q3Does an objection mean my mark is refused?
No. Objections are common and many are overcome at reply or hearing stage. What decides it is the quality of the argument and, where distinctiveness is in issue, the evidence of use.
Q4Can you take over an application someone else filed?
Yes. We file a fresh authorisation and take conduct of the matter from wherever it currently stands.
Something specific to your situation? Ask us directly — we answer within one working day.
Also under Protect & defend
Next step
Get a written quote for trademark objection reply.
Tell us your situation in one message. We come back with the scope, the documents required and the total cost — before any work begins.